Description of Common Law in Colorado
A common law marriage exists between two adults who live together and consider themselves married but have not participated in any legal formalities to establish the marital relationship. Only a handful of states legally recognize common law marriages, and each state makes its own rules as to the validity of the union. Currently, states that recognize common law marriages only consider unions between a man and a woman to be valid. The state of Colorado recognizes common law marriage and provides common law couples the same rights as traditionally married couples.
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Eligibility
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In the State of Colorado, a couple does not have hold a wedding ceremony or have a marriage license to have a legally recognized marriage. However, couples must meet certain criteria in order for the union to be considered a legal marriage.
A common law marriage in Colorado requires that each party be at least eighteen years of age. Each party must mutually agree to live as husband and wife and openly agree that a marital relationship exists. Also, the couple must publicly behave as a married couple. Colorado courts often refer to the conduct within the relationship to determine the validity of the marriage. The length of time the couple has been together does not matter because state laws do not stipulate a specific necessary time period.
Proof of Marriage
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Because common law couples have no legal documentation regarding the validity of their marriage, Colorado couples must take certain steps to prove that the marriage does exist. Women, for instance, can take the man's last name. Most private institutions recognize name changes where women consistently use the husband's last name on accounts, memberships and other documents.
Also, the couple can file joint tax returns, purchase property as joint tenants and open joint checking and savings accounts. It is also helpful to speak publicly about the marriage to friends, family members and co-workers.
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Divorce
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Couples who wish to end their common law marriage must file for a divorce in the same manner as a traditionally married couple. If children common to the couple are involved, the divorce will address issues such as child custody and visitation as well as child support. Marital assets and debts are also addressed in the divorce proceedings. It is important to note that if either spouse were to re-marry without the formal dissolution of their common law marriage, their future marriage would be considered invalid.
Other States
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Currently, there are sixteen states including Colorado and the District of Columbia that recognize common law marriage. While these states may recognize such marriages, most have stipulations on when the marriage is considered legal. For example, the state of Ohio legally recognizes common law marriages if the union was created before October 10, 1991. Other states, such as Georgia, Idaho, and Pennsylvania, also have restrictions as to when the relationship was started in order for it to be legally considered a marriage. The state of New Hampshire recognizes common law marriage for inheritance purposes only.
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References
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